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Misdemeanours in Macedonia

Borče Davitkovski ; Pravni fakultet Justinijan Prvi, Sveučilište sv. Ćirila i Metoda, Skopje, Makedonija
Elena Davitkovska ; Univerzitet American College Skopje, Makedonija


Puni tekst: hrvatski pdf 287 Kb

str. 193-212

preuzimanja: 853

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Sažetak

The paper attempts to delineate a felony and an administrative infraction, which is essential for the imposition of criminal or misdemeanour sanctions. All the elements found support the quantitative differences between criminal acts (felonies) and violations of legal good (of different levels) that are indisputably treated as criminal offences and not as administrative infractions. It is necessary to correct certain disadvantages in their treatment as felonies, since there are numerous lesser offences. Therefore, a revision of the Law on Misdemeanours is rather pressing. In addition to decriminalising such offences, courts can be disburdened by introducing alternatives to tortuous liability into the Law on Misdemeanours as well as the institute of mediation. Further disburdening of the courts can be achieved by ensuring competent handling of cases by the police and administrative authorities prior to court proceedings. Thus, only complex cases and appeals would be dealt with by the judiciary. Finally, a new Law on Misdemeanours should include measures for simplifying and accelerating misdemeanour proceedings.

Ključne riječi

criminal act (felony); administrative infraction; misdemeanour, administrative procedure

Hrčak ID:

130643

URI

https://hrcak.srce.hr/130643

Datum izdavanja:

18.5.2013.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.726 *